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CHAPTER IX. THE CONSTITUTIONAL CONVENTION OF 1787.
 The successful termination of the Revolutionary War of seven years made the United Colonies which had commenced it, in fact, as well as in their Declaration, Free and Independent States. Toward the close of the war they had adopted Articles of Confederation. These were soon found to be inadequate to secure the general welfare, and without sufficient authority to carry their measures into effect. No sufficient means were supplied by them to maintain the public credit, and all the interests of the country languished. They formed the Bond of union for six years or more, and served an excellent purpose in calling the attention of statesmen and the people to the points most important in the constitution of a vigorous government. It was the trial essay, and the intelligence of the leading men of that period turned it to great profit.
In 1786 the legislature of Virginia proposed a convention of commissioners to improve the condition of trade and commerce. These commissioners met and recommended Congress to call a General Convention to revise the Articles of Confederation. This convention assembled in May, 1787, in Philadelphia; all the States except Rhode Island being represented. George Washington was chosen president. The members of this convention were the representatives of a people who had proved their firmness and attachment to liberty during a long war and against great difficulties. The delegates were men of tried patriotism, and the event has proved their wise and discriminating[204] foresight. The system of government they planned is their most eloquent eulogy. The severe tests to which the expansion of the nation and the conflicts of sections and interests have subjected it, have served only the more fully to reveal how perfectly they comprehended the principles of a republican government, and their singular skill in arrangement. They combined the utmost vigor with the greatest security of rights. It is a glorious monument to their political insight. They, themselves, were not aware how profound was the wisdom, how complete the adaptation of its provisions. They signed it with many misgivings, on the 17th of September, 1787, after four months of diligent labor. It was then presented to the people for their ratification. They were cautious and prudent in those times, and could not appreciate as we do now, the extreme value of the work that had been accomplished. Time was required to bring out its excellences, and show how few and comparatively unimportant were its defects. It was examined with careful attention, and finally adopted as follows:
By Convention of Delaware 7th December, 1787
” ” Pennsylvania 12th December, 1787
” ” New Jersey 18th December, 1787
” ” Georgia 2d January, 1788
” ” Connecticut 9th January, 1788
” ” Massachusetts 6th February, 1788
” ” Maryland 28th April, 1788
” ” South Carolina 3rd May, 1788
” ” New Hampshire 21st June, 1788
” ” Virginia 26th June, 1788
” ” New York 26th July, 1788
” ” North Carolina 21st November, 1789
” ” Rhode Island 29th May, 1790
As shown above, two years passed before it was finally ratified by all the States. Both the delay and the final unanimity in its acceptance, giving testimony to the prudence and thoughtfulness of the people.
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Electors of President and Vice-President were chosen in the winter of 1788-1789. March 4th had been appointed as the time for the government to go into operation, but a delay in assembling the members of Congress deferred the inauguration of Washington, as first President, until April 30th. Congress immediately organized the new government, and, in conjunction with the President, appointed the necessary officers. Some minor provisions were added or changed by the first Congress in the manner provided by the Constitution itself, that is, by a two-thirds vote in both Houses, and ratification by three-fourths of the States.
Ten amendments were made at this time. The eleventh amendment was added in 1794. The twelfth in 1803. The thirteenth, fourteenth and fifteenth amendments have been added since 1863.
A resolution to amend is passed by the requisite majorities in both Houses, sent to the legislatures of the States, and, when three-fourths of them have approved it, the Secretary of State causes the resolution and amendment to be published in all the States and Territories, and it becomes valid as part of the Constitution.
Containing the wisest provisions of English law, it rejects all that is not in harmony with our circumstances, and our fundamental doctrine that all men have equal rights to life, liberty, and the pursuit of happiness. This it keeps continually in view, and, by the sense of dignity and worth which it tends to promote in the humblest man, gradually educates him up to the standard necessary for a free citizen, and, by its respect for the rights of all, tends to induce in each the same disposition.
The wisest men of the Republic, by infusing into this document their own self-respect, and respect for others, gave tone and direction to all the future. Their own characters were so far imparted to their work as to exert a salutary influence on the destiny of the people whose fundamental law they compiled.
This document is the law of the land, obliging the highest[206] to obedience, to justice, and right, and raising the lowest to an equal share in its political privileges, and to its vigorous protection. Consequently a steady improvement in these respects has marked the growth of the country, and the benign influence of this respect for man and his rights has gone forth from the American Republic as a Regenerator among the nations of the earth.
CONSTITUTION OF THE UNITED STATES OF AMERICA, AND ITS AMENDMENTS.
 
We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I.
 
Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Sec. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual[207] enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, and Georgia three.
When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
Sec. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years; and each Senator shall have one vote.
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided.
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The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present.
Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
Sec. 4. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Sec. 5. Each house shall be the judge of the election, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each house may provide.
Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the[209] members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
Sec. 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.
Sec. 7. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objection, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names[210] of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted), after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States, and before the same shall take effect shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
Sec. 8. The Congress shall have power—
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of sciences and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
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To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions;
To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.
To exercise legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings; and
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Sec. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended,[212] unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
No tax or duty shall be laid on articles exported from any State.
No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from one State, be obliged to enter, clear, or pay duties in another.
No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.
Sec. 10. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace,[213] enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Article II.
 
Section 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected as follows:
Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
[The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, ............
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